is actually very good, -because it's a prototype. -exactly. (jay) but cliff, we salute you, you're an unsung hero. oh boy, i don't know if you're gonna make it to the civil rights rally in this thing. (donald laughs) . it's midnight on the east coast. 9:00 p.m. in the west. i'm shepard smith. this is the news on cnbc no one is above the law. >> the detailed allegations of widespread fraud for profit for years. the quarter billion dollar demand, the accusations against trump's children, and the criminal referral. plus, mr. trump's pointed response vladimir putin calls up hundreds of thousands of reserve troops wartime mobilization, russia's first since world war ii. >> this is a very dangerous

turning point in the war. >> putin's unprecedented nuclear threat as the west calls him desperate. another interest rate hike to tame inflation. the reaction and how long the pain may last. housing market recession home sales crater as mortgage rates soar what it means for buyers and sellers. russia frees two american hostages captured fighting in ukraine. suspended nba owner announces he'll sell his teams. and all rise, aaron judge on the press pus of baseball immortality. >> announcer: live from cnbc, the facts, the truth, the news with shepard smith. >> good evening. the new york attorney general says former president trump is a fraud. she charges he lied and cheated the system and stole from all of us and that now he must pay.

today, attorney general letitia james filed a massive civil lawsuit against mr. trump, his three eldest chirp, and his company, the trump organization. the ag accuses them all of committing staggering fraud for more than a decade sprawling scheme, one that allegedly manipulated the values of properties to dodge taxes and fraudulently obtain bank loans. >> donald trump falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system thereby cheating all of us the pattern of fraud and deception that was used by mr. trump and the trump organization for their own benefit is astounding. >> she brought receipts. her investigators say he valued his mar-a-lago estate as high as

$739 million the lawsuit also alleges the former president flat-out lied about the size of his apartment in trump tower it's less than 11,000 square feet large, but he claimed it was 30,000 square feet the ag case mr. trump used that bogus square footage to inflate the value of his home to nearly $330 million a value she called absurd. >> to this date, no apartment in new york city has ever sold for close to that amount tripling the size of apartment was intentional and deliberate fraud, not an honest mistake. >> and then there's trump park avenue in manhattan, an appraisal found that 12 stabilize markets there were worth about 750 million each,

but they inflated to value to 50 million. those were just a few of the nearly two dozen examples laid out. in all, the lawsuit alleges former president trump signed statements that included more than 200 false and misleading statements over a ten-year period new york's attorney general is now demanding repayment of a quarter billion dollars that she claims mr. trump, his family, and his company obtained illegally. >> every day, people cannot lie to a bank about how much money they have in order to get a favorable loan to buy a home or to send their kid to college and if they did, the government would throw the book at them why should this be any different? it is a tale of two justice systems, one for every day working people and one for the elite, the rich and the powerful. >> but the attorney general is

not seeking justify unanimous shl restitution. she has other punishments in mind eamon jafrs live in manhattan at the trump towers. >> reporter: well, shep, the attorney general said in that news conference she is seeking to permanently bar donald trump and his three children from serving as an officer or director in the state of new york and to permanently prohibit them from doing business here as well and would appoint an independent monitor to oversee the trump organization and prevent them from entering into real estate actions for five years. now maybe more ominously for trump, james said today she referred criminal violations she uncovered to the irs and to the department of justice. now, the former president fired back at the attorney general

today saying, she is a fraud who campaigned on a get trump platform despite the fact that the city the one of the crime factors of the world on her watch. the former president invoked his fifth amendment right against self incrimination more than 440 times during this investigation according to a source speaking to nbc news, but the attorney general was able to obtain evidence from the trump organization's chief financial officer who testified about the value of the former president's apartment here at trump tower. take a listen. >> he con seeded that using the false square footage improperly inflated the value of the apartment almost threefold he admitted that this amounted to an overstatement of give or take $200 million. >> reporter: now, in a statement today, the trump organization says this represents the culmination of nearly three

years of persistent targeted unethical political harassment. >> well, a reporter asked the attorney general james if she was willing to settle this lawsuit. settle out she said she's already rejected a previous offer but added, the doors are always open. carol lambs now. carol is an attorney for the district of california she didn't rule out a settlement how much leverage does letitia james have now in trying to get a deal she would agree to? >> she has a lot of leverage right now. the complaint was over 200 pages long, and it lays out an extraordinary number of misstatements that the trump organizations sum with the explicit consent of donald trump made to lending institutions, insurance companies, and tax authorities over the course of a

ten-year period. so when you have that many allegations contained within one complaint, it's very hard for the defendant to say, well, this was simply a mistake in one instance because there are all these other instances that are laid out there so she has a lot of leverage because this complaint and the junction she seeked basically puts the organization out of business this isn't just donald trump himself, this is his children as well. >> the defense we're hearing so far from the trump team is this is manhattan real estate, are you new here some of the biggest financial firms that worked with them didn't bat an eye. might the jury find that sort of argument compelling? >> well, to the extent this goes to a jury, if it does, it's hard to say that they would find that argument compelling, the hey,

everybody else does it argument perhaps works if you have similar types of fraud or similar types of misconduct, but the types of numbers you're talking here, people go to jail for crimes in the hundreds or thousands or maybe hundreds of thousands of dollars, but we are talking hundreds of millions of dollars in discrepancies here that got the former president a lot of financial benefits. so i think it's harder to say that and more likely that those professionals who were -- let's say they were duped -- i think it's harder for them to get on a stand and say, this happens to us all the time. it didn't make any difference to us. >> before we move on, the manhattan da's criminal investigation, that's been stalled for a while. could this give it life? >> james' office has been working with the district attorney's office in their

investigation, and i want to emphasize this is a civil case that she has brought t not a criminal case. that makes all the difference in the world because the burden of proof in the civil case is simply preponderance of the evidence but when you talk about a criminal case, the burden of proof is beyond a reasonable doubt, and that could very well be the difference between bringing a civil case and a criminal case in the case of donald trump. >> carol lam, thank you. vladimir putin threatens nuclear action he's raised the stakes after a series of humiliating set backs for the russian on the battlefield in ukraine in a rare televised address, the russian leader ordered a partial mobilization of russian troops it's the first call up of russia since world war ii then there's the warning of nuclear retaliation. should the west continue what he

called nuclear blackmail. >> if the territorial integrity of our country is threatened, we will without a doubt use all the means at our disposal. >> he also reaffirmed his support for referendums in occupied ukrainian territories vladimir putin stopped short of declaring a full national draft. instead, he called up 300,000 reserved troops to fight in ukraine, double the initial invasion force the announcement sparked protest across russia according to human rights watchdog. meantime, president biden spoke today, he said russia has shamelessly violated the u.n. charter and its war in ukraine. >> this war is about extinguishing ukraine's right to exist as a state, plain and

simple whoever you are, wherever you live, whatever you believe, that should not -- that should make your blood run cold. >> president biden called on all nations to punish and isolate russia and to bolster ukraine's efforts to defend itself we'll get analysis from michael from the brooklyn institution. first carol lee in new york. carol, the ukrainian president volodymyr zelenskyy sort of zoomed in by video conference today. >> he did, and he had a number of things to say about the war in ukraine as you can imagine. he called for consequences against russia for atrocities the russians have committed against the ukrainian people, including specifically calling again for the u.s., the biden administration to designate russia as a state support sore of terrorism that is something the biden administration has said they are not going to do. and generally, he asked for war

weapons including long-ranged weaponed so the ukrainians can defend themselves. >> the crime was committed against our state borders. the crime was committed against the lives of our people. the crime was committed against the dignity of our women and men. the crime was committed against the values that make you and me a community of the united nations. >> now, president zelenskyy received a standing ovation after delivering his remarks as for president biden earlier in his speech to the u.n. general assembly, he called out putin as the one man who is responsible for the war in ukraine, and he highlighted some of the problems of this war, the u.s. is pledging a $2.9 billion to try to address foot shortages and

food security concerns we have heard the administration talk about. as for the nuclear rhetoric we have heard over the past 24 hours, the senior administration official tonight says the u.s. is carefully watching whether there is any action behind those words. so essentially saying they have not seen any action, any specific information or any movement of military assets that suggest that this is more than just rhetoric, however, noting it's very dangerous rhetoric. >> carol, thank you. now to michael, author of more than 20 books on war, defense, and diplomacy. putin made a threat of nuclear should we take that seriously? is it all talk >> i think it's mostly talk, but it also needs to be taken seriously. you know, this could be a very

specific response to the idea that we should be shipping longer range missiles to ukraine, which could reach near moscow if the ukrainians targeted russian territory, and the russians in the past few days said that would be a red line without specifying what that meant maybe he was filling in the blanks on what that meant. maybe he's trying to create a general sense of fear in the west where we're starting to get confident that ukraine is on a roll, and rather than let us get too confident, putin wants to remind us he has a lot of weapons he hasn't used yet, and he's willing to run some risks, not attacking new york or paris, but maybe a demonstration shot, maybe sinking a ship in the baltic sea, doing something that would scare us because it could be the first use of nuclear weapons in 77 years, and yet still hopefully for him, not require a major counterreaction. i think he's trying to inject that fear into the politics,

perhaps with the goal of weakening europe's resolve, getting more europeans to call for a compromise he could be playing to that kind of goal as well. i think it's mostly talk, mostly psychology, but it can't be ignored. >> i got a push alert from the wall street journal about 90 seconds ago. the headline is putin is backed into a corner. there's a play book that shows what comes next. what is it >> i think if he's backed into a corner, indeed all bets are on right now he still holds 20% of ukraine. he still has us all talking about ukraine probably never joining nato he's got some of his goals at the moment the ukrainians are not going to stop with the war under this kind of circumstance they're going to keep trying to liberate for territory, and maybe putin loses more but i don't think he's going to lose all of it i don't know that he's really backed into a corner he probably wants us to think

that he sees it that way because the more we're inclined to back down but i think he's nowhere near a corner right now. >> he's reportedly been recruiting russian prisoners to fight in ukraine. >> i think putin still has a certain arrogance that he has a country four or five times of ukraine. they'll recover. war goes through multiple phases russia's had some success through the spraying now ukraine is having some success in the summer. maybe he thinks the next round will be for him. i think he's an arrogant guy and a stubborn guy, and he's not looking at the facts in the right way. that could make him risky. >> michael live from -- you never know where michael is. >> the fed jacked up interest

rates yet again today to try to get inflation under control. but what about jobs? we'll break down the health of the u.s. economy, wall street's wild reaction and why chairman powell says we could be headed for a full-blown recession. plus, the house passing an election reform bill the goal, stop another sort of overturned election process from happening again. but will it pass in the senate and breathalyzers in every car on the road. it's a real proposal government officials say it could save lives, but is it too much big brother >> announcer: the facts, the truth, the news with shepard smith, back in 60 seconds. or ba? no she's totally in charge. of her portfolio and daniel g. she's building a greener future and he's... running a pretend restaurant. and phil? phil has questions,

but none of them are about his portfolio. digital tools so impressive, your money never stops working for you with merrill, a bank of america company. (vo) with their verizon private 5g network, associated british ports can now precisely orchestrate nearlyl, 600,000 vehicles passing through their uk port every year. don't just connect your business. (dock worker) right on time. (vo) make it even smarter. we call this enterprise intelligence. ♪♪ giorgio, look! the peanut butter box is here. ralph, that's the chewy pharmacy box with our flea and tick meds. it's not peanut butter. ♪ the peanut butter box is here ♪ i'm out. pet prescriptions delivered to your door. chewy. the federal reserve set to keep taking aggressive steps to get near record-high inflation under control even if that leads to a recession that's the message from fed chair jay powell today after he

announced another interest rate hike 75 ( basis points as expected for the third straight time. that brings rates to a range of 3 to 3.25% this is the fifth increase this calendar year. today, chair powell made it crystal clear a recession is not the goal, but he said we may end up there anyway. >> we have got to get inflation behind us. i wish there were a painless way to do that there isn't. what we need to do is get rates up to the point where we're putting meaningful downward pressure on inflation, and that's what we're doing. >> wall street eventually figured out it didn't like the announcement stocks went on dramatic swings, but in the end, most sold. inflation was actually down slightly last month with help from lower gas prices, but not core inflation at all and still very high year over year

8.3% chair powell said today the fed wants to get that number to 2% that's a trick it will mean scores of americans will likely lose their job democratic senator of massachusetts slammed it all tweeting, i have been warning that chair powell's fed would push millions of americans out of work, and i fear he's already on the path to doing so. steve leaseman live from washington what has to happen to raise rates and bring down inflation without causing a recession? >> if you're asking for the goldy locks scenario, the war ends tomorrow, second, millions of americans who dropped out of the work force return to work. we reduce pressure on wages. third, the china lockdown ends and all the other supply chain bottlenecks clear up, those that have driven up prices.

i'm afraid there's not a lot of confidence in that scenario. majority of the economists believe the country is headed for a recession. raising rates may be the only way to bring inflation down. >> on the potential unemployment rate rise and lots of people losing their jobs, how do more americans out of jobs help the economy? >> why do you have me on to talk about these dismal things? >> that's all we've got today. >> here's the dismal thing i must explain to you. fewer americans working means less pay checks. more americans out of work, that means they have less bargaining power to bid up wages. the unemployment rate is up to 3.7, still historically low, so the job market is still tight. the major caveat to this idea is there are several sectors that are not back to the employment levels before the pandemic putting those people back to work means more supply, lower

inflation. here's the trouble for the fed, it only has one tool, raising rates for everybody. every sector gets the same medicine whether they need it or not. >> steve leaseman live in dc thank you. the countdown is on to the midterms brand new polling from two battleground states that turned some heads in our news room today. plus, a bomb shell announcement in pro basketball why the owner of both phoenix teams say he's selling them. both the suns and the america are i.

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just in tonight, nbc news reports the january 6th committee will be hearing from jenny thomas she's the wife of the supreme court justice clarence thomas. nbc reports an agreement has been reached for her to be interviewed in the coming weeks. she became a person of interest for the committee back in march after the washington post reported that jenny thomas had urged chief of staff mark meadows to try to overturn the election thomas reportedly texted mark meadows that joe biden's victory was the greatest heist in history. this caps months of negotiation between jenny thomas and the committee. their next and last hearing now set for september 28, one week from today coverage here on the news. the u.s. house today passed a bill aimed at stopping the next capitol insurrection from

happening. the president election reform act went through late this afternoon. outgoing con woman liz cheney introduced the bill with her democratic colleague before the vote today, congresswoman cheney said the bill is important to protect future election. >> if your aim is to prevent future efforts to steal elections, i would respectfully suggest conservatives support this bill. if instead your aim is to leave open the door for elections to be stolen in the future, you might decide not to support this or any other bill. >> well, despite her urging or maybe because of it, republicans mostly did not support the bill. only nine gop lawmakers voted yes. she was accused of rushing to pass it. >> i believe what house democrats are doing is irresponsible and wrong. they have allowed their dislike

for one man to cloud their judgment and their actions no matter the consequences to this institution or the constitution they claim they want to uphold. >> the news comes after they revealed the committee and his team sought to pressure mike pence. the bill would reaffirm that the vice-president has a purely administrative roll in counting electoral votes. it also raises the number of lawmakers, forces states to certify lawful winners and block states from changing rules after an election. the senate still working on its own version. we're now less than seven weeks out from the midterm elections with republicans trying to take back control of congress some new polls are out and they show ip credibly close races first, ohio, a marist poll shows a dead heat between the

republican candidate j.d. vance and his opponent tim ryan. vance has the lead the seat is currently held by rob portman who's retiring and in wisconsin race, a spectrum news poll shows ron johnson trailing by one point to his challenger mandela barns if the democrats do flip that seat, it would be a blow to republicans. alex jones back in court today for his latest sandy hook defamation trial but it's what he said outside the court that may get him in even more trouble with the judge. meta reporting its first revenue decline ever now the tech giant is reportedly gearing up to cut costs. so what does that mean for workers? and another big downturn for

america's housing market what it means for buyers and sellers as we approach the bottom of the hour and the top of the news on cnbc. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. welcome to allstate, where you can bundle and save. isn't that right phil? what in the world are you doing? i'm in the metaverse,

bundling my home and auto insurance. save up to 25% when you bundle home and auto with allstate. when you work in it complaints are part of the job. bill says the coffee is weak today. but since cdw helped us switch to mac, everyone's happier. dan from finance likes getting performance without a big price tag. bibi digs the power of the apple m1 chip. mac is easy to manage, compatible with all our apps and came preconfigured by cdw. now we're even getting compliments. that was bill again, says he loves his new mac. he's right about the coffee. i'm shepard smith on on cnbc it's the bottom of the hour. time for the top of the news russian frees ten prisoners of war, including two americans. the surprise deal and how it

came together. little league lawsuit. why a family is suing the organization and a bed manufacturer after an incident last month at williams port. but first, the federal reserve sending a warning to the housing market >> the fed chair jay powell says it's out of whack and needs to get right. >> what we need is supply and demand to get better aligned so that housing pries go up at a reasonable level, at a reasonable pace, and that people can afford houses again. i think we -- so we probably in the housing market have to go through a correction to get back to that place. >> realtors say the correction is already underway, that the housing market is in recession here's the data. sales of previously owned homes fell for the seventh straight month. the mortgage rates have soared above 6%, twice what they were at the beginning of the year here's diana olek.

>> reporter: at an open house in phoenix over the weekend. >> should we buy >> reporter: potential buyers were nervous. >> the interest rate thing is a little tough. >> reporter: tough because not only to sharply higher mortgage rates make already pricier homes even pricier, but for current homeowners looking to move up -- >> one of the challenges for us is we have an interest rate of 2.75%, so the idea of getting a bigger house and more than doubling our current interest rates is not particularly appealing. >> reporter: that's the main reason home sales are slowing down so quickly. sellers are no longer in the driver's seat, so buyers who had no bargaining power suddenly do. >> they are asking for incentives so they can help buy the rate down, and they're asking for the sellers for that incentive on top of their offer. >> reporter: and prices finally are coming down. they normally fall just from

june to august because families buy bigger more expensive homes in the spring so they don't have to move during school, but this year, the drop was three times what it usually is. >> i have seen the prices come down a little bit, so that's nice, but it's frustrating for a lot of people. >> reporter: for those who still can't afford it and even those who can. >> it's something we can afford, but makes no sense in this environment. >> reporter: and mortgage rates fell slightly as investors die jested the economic outlook, but the trajectory is higher and while prices may be coming down a little bit, the very tight supply of homes for sale is not going to allow them the fall that much there's too much demand out there due to demographics. >> what about the supply though? we just saw potential sellers don't want to give up their 2% mortgage rates can builders make up for that?

>> the short answer is no, they're still battling costs for just about everything, not to mention ongoing supply chain issues while they can throw in some granite, they can't lower their own prices by much one of the largest builders leonard just reported earnings a few hours ago and said they raised prices by 15% in their last quarter. four more people are confirmed dead after hurricane fiona's reign battered puerto rico on sunday that brings the death toll so far to eight police say they found 56-year-old man's body inside his home, found another man's remains in a field near a river. cops say he likely drown after flood waters washed his car away the fire department reports two more people died after breathing toxic gas from a generator fiona now a monster category four storm

this storm forecast to brush by bermuda friday morning and then head towards eastern canada early on saturday. no threat to the united states meanwhile, in puerto rico, people are clamoring for gas to fill their generators after days without power. still more than a million people in the island are in the dark. but residence dens on the island say they're more worried about water. in a news conference, fema straiters said about half the island still doesn't have running water. today the governor and representatives from fema toured the damage nbc's gabe gutierrez reports from puerto rico. >> reporter: the national guard is now rushing to bring supplies to some of those hardest hit areas that remain inaccessible because many roads and bridges have washed away behind me, you can see one of those bridges.

it was a temporary bridge that was installed after hurricane maria hit puerto rico five years ago. it's now washed away, and residents are wondering whether -- when it might be rebuilt and whether it can withstand another storm. earlier in the day, we went to another community, there, a mud slide had washed away a road leading up to a mountainous area where there were several people that had been rescued yesterday, and locals told us there were few of them that were still on top of the mountain, highlighting how urgent it is for authorities to reach some of these areas. more than 70% of this island is still without power. about half of customers are without running water, and today, fema's administrator as well as the governor toured some of these areas it's unclear exactly how long it will take for power to be

restored luma energy says it's working as quickly as it can. that's the private consortium that took over power consumption last year can, but many residence dens on this island are skeptical that power will be restored in several days as the governor has said. again, communities like this one in the central island are still without power, and many residence dens here are dealing with another long night. >> thank you. there's break news just in to cnbc. the justice department has just won its appeal in the battle over the classified documents seized in mar-a-lago the 11th circuit court of appeal has just been granted the stay they were asking for, meaning the department of justice can now use the classified documents as part of its investigation about 100 documents in all we're told the doj argued it was a matter

of national security in issuing its ruling, the 11th circuit wrote we found unpersuasive the plaintiff's insistence that it would be harmed by a criminal investigation. we'll bring you more as we get it. russia is releasing two american prisoners of war and eight other foreign fighters as part of a prisoner swap with ukraine. russian forces captured alex druky and andy wynn. happened in june in the donbass region after they joined the war effort his family said we are thrilled to announce that alex and andy are free and after medical checks and debriefing, they will return to the united states. according to the saudi ministry of foreign affairs, the saudi government negotiated that release. now, officials say they're working to get all the fighters home safe. a senior ukrainian official says more than 200 ukrainians are

also coming home in return, ukraine handed over 55 prisoners and a leader of a banned pro-russian political party. another emotional day in the courtroom during alex jones' sandy hook trial the father of one took the stand today. david wheeler talked emotionally about his son who was just 6 years old. he testified strangers threatened and harassed him after alex jones claimed the whole thing was a hoax. >> an event like this makes you question everything. you know, if a kid who was that big a life force in your house can just be gone like that, what else is possible and then something like this comes along, and people start saying stuff like this, and it derails you. >> the judge already found conspiracy theorist alex jones liable for damages in the defamation case.

now this jury is set to decide how much he must pay the families of the victims and an fbi agent who responded to the scene. alex jones spoke outside the courthouse again today he said he's already apologized and said this is a politically motivated case. >> the whole issue here is that there has been basically a lynch mob to get alex jones since trump got elected. sandy hook was one of the biggest mistakes i made, and they blew it up, twisted it, took it out of context and said i'm famous and successful because of sandy hook. >> the judge has already ruled on all of that judge has not yet taken the stand inthis part of the trial but his lawyer says he will. the judge says she's ready for any inflammatory comments he made during testimony. she said he will not get any special treatment on the stand. the family of that little leaguer who fell out of a bunk

bed earlier this year is headed to court who they're going after, and how that little boy is doing today a once-daily pill. when uc got unpredictable,... i got rapid symptom relief with rinvoq. check. when uc held me back... i got lasting, steroid-free remission with rinvoq. check. and when uc got the upper hand... rinvoq helped visibly repair the colon lining. check. rapid symptom relief. lasting, steroid-free remission. and a chance to visibly repair the colon lining. check. check. and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older... with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq... as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there, with rinvoq. ask your gastroenterologist about rinvoq.

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a rocky transition to the meta verse continues that's what's topping cnbc's on the money. meta looking to cut cost by 10% in the coming months according to a report today in the wall street journal the cuts expected to include job reductions through reorganization, but no formal layoffs. they reported a 22% increase meta stock down nearly 3% today, and 60% this year, and zuckerberg's worth down $70 billion. the union wave now coming to home depot workers at a store in philly have now filed a petition to unionize if they're successful, it will be the first store-wide union.

and the nation's largest private employer is scaling back seasonal hiring. walmart announces today it will hire just 40,000 seasonal and full-time associates for the holiday season, far short of the 150,000 workers it hired last year walmart also hiring about 1,500 full time truck drivers. today at the pump, the average price nationwide for a gallon of gas, 3.68. it went up a penny overnight for the first time in three months awe gallon cost 49 cents more than it did this time last year. on wall street, as we mentioned earlier, the marks reacting to another aggressive rate hike. the dow down 522 s&p down 66. nasdaq down 205. remember the little league player who fell off a bunk bed and hurt himself badly well, now the family is suing the league and the bed

manufacturer the little league 12-year-old eeston he cracked his skull in williams port, pennsylvania according to their lawsuit, the bed didn't have a safety railing. doctors placed the boy in a medically induced coma after he suffered a skull fracture and bleeding on his brain. he's since had three operations and battled a staph infection. in a statement last week, he wrote many part, he's not doing well, the more recent development after a third craniotomy is seizures. >> hi, everyone. thank you for all your prayers. >> reporter: for the first time since falling from a bunk bed at the little league world series,

easton is home his family documenting on an instagram account. >> it's mookky bets. >> we're all thinking about you. >> reporter: video show the 12-year-old's progress from walking down the hallway to hand/eye coordination therapy. >> he is nowhere near where he was before, and there's going to be a long road ahead for him to get to that point if he's even able to get to that point. >> reporter: a new lawsuit has been filed on behalf of easton and his family the lawsuit reads easton fell and was hurt because of the design and condition of the bed. the beds are called dangerous and effective. accused of being neglect for failing to have rails on the bed. little league baseball declined to comment citing the pending litigation a spokesperson says there are two warning labels afked to each

bed recommending the use of guardrails and ladders to any bed lofted. >> please keep praying for me as i continue to get better >> reporter: and little league baseball confirms those beds have been used for about 30 years, but they are not being used anymore now they have those individual frames that are on the ground. >> thanks very much. a breathalyzer in every car. that's what the national transportation safety board is proposing recommending all new vehicles come equipped with equipment that will detect if you're drunk over the past two decades were more than 200,000 people have died in crashes that involve drunk driver and that 30% of all traffic deaths in 2020 were alcohol related. the fight to bring online sports betting to the largest state in the country is costing hundreds of millions the details of what's become one of the most expensive battles in

california history. plus, aaron judge trying to vault into the mlb record books, and he will the next time it is high, it is far, it is good. we're live at the big stadium in the bronx on history watch (vo) give your business an advantage right now, with nationwide 5g from t-mobile for business. unlock new insights and efficiency, with leading ultra-capacity 5g coverage. t-mobile for business has 5g that's ready right now.

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legal sports betting, the next frontier in the gambling world. so far you can bet in 31 states in the district. five other states getting ready to launch it and now, california may be jumping on board two major bills competing head to head this year, and with about $400 million spent on the campaign so far, it's now reportedly the most expensive battle initiative in u.s. history. con tessa brewer live tonight in

san diego. con tessa. >> reporter: california is considered a jackpot state it is expected to surpass new york, new jersey, and nevada in gambling revenue voters here in california are just getting bombarded with political adds urging them to vote yes or no to legalize sports betting in the naugs's most popular states. >> it's bad for tribes -- >> reporter: in continuous campaign adds in california. >> vote yes -- >> reporter: on november's ballot, two separate gambling propositions prop 26 would legalize it on tribal lands, in physical sports books and privately owned racetracks prop 27 would allow commercial operators to access offer online and mobile sports betting. >> prop 27 is a massive

expansion of gambling. it would turn every device dwoois into a gambling device. >> reporter: a coalition of tribes is urging voters to vote yes on 26 but no on 27 saying it erodes tribal sovereignty and only benefit out of state profits. >> unfortunately, the tribes in california have had a lot of political clout, and they're continuing to flex their muscles here >> reporter: the sports betting operators, including fan dual, draftkings, and bet mgm have joined forces and argue without a legal regulated option, gamblers turn to illegal offshore sites. >> 65% of the u.s. is sitting in a state that hasn't been legalized, so we need to keep legalizing >> reporter: california could see as much as half a billion dollars in tax revenue the gambling operators are

highlights the funds for home lesser viss if it passes. >> it means getting people off the streets. >> reporter: california's governor insists it's not a homeless initiative, it's truly about whether california is ready to expand gambling. >> the voters will make that determination in the next few weeks. the question is how do we do it and whether it happens to us or with us. >> reporter: a poll last week from the public policy institute of california found 54% of lukely voters are opposed to this measure to allow the commercial operators to compete in california. so if it fails, if now, we should add, gaming experts say the industry will try again and be even more aggressive because california is too big a potential market to simply surrender. >> thanks very much. well, the owner of both phoenix pro basketball teams says he's selling both

franchises it comes a week after the nba suspended him for a year and fined him 10 million bucks after an investigation into his work place actions, racism, ma sojny, and creating a hostile work environment. he suspected the suspension would provide him time to make amends, but he went back to say because of an unforgiving climate, he can't do it. he wrote in part, it has become painfully clear that that is no longer possible, that whatever good i have done or could still do is outweighed by things i have said in the past. baseball immortality is just a swing of the bat away for yankee slugger aaron judge he needs just one more homer to tie the american record, 61 homers in a single season. it stood for more than six decades, but now, every time

aaron judge steps to the plate, the baseball world watches and waits to see him etch his name outside the bronx where the bombers are playing the pirates, yanks are up what about judge >> reporter: shep, judge just struck out in the last inning. but last night, fans watched as he tied the record set by babe ruth back in 1927. take a look at that moment. >> the left side for judge, and here's the 3-1 judge deep to left field there it goes! number 60! slide over, babe. >> judge hitting his 60th home run last night the yankees going home with that win 9-8. judge stands to continue to hit -- to take home another record tonight and could even make history for the american

league if he hits two home runs before the end of this game. he says when people are talking about baseball two weeks into football season, you know something exciting is happening. >> this is a great, great story, and it's especially great given we don't have as many african american players in the game today, and here's a guy who is 6'7", 280 pounds with hp he could have played football or basketball at a very high level. he close baseball, and i think this is the perfect guy to show everyone this is a really good game still it's a really cool game to play. >> winning championships in the '90s and 2000s, he's bringing something exciting to new york i was here for it all swob the excitement is definitely none

other than i've seen in recent years. >> he's a good guy he's a true team player. it's not even about him. it's about doing what's best for the team arer despite the run judge has had lately, some are quick to point out that other players in the american league like barry bonds and mark mcguire had records into the 70s range, but those were enhanced by performance drugs so now fans will be looking forward to seeing what judge can do before the end of the season and certainly what he can do before the end of the game tonight. >> we'll be watching in about one minute valerie castro, thanks very much and now you know the news. it's been agood night. go yanks hope to see you back here tomorrow night thanks for trusting us with your news and information from all of us at cnbc, have a good one do the thing we've been talking about for years.

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